Dáil Éireann Debate, Wednesday - 16 October 2024
289. Deputy Chris Andrews asked the Minister for Rural and Community Development to outline the appeals process for dog owners for appeals where a certificate of exemption has not been issued by 1 February 2025. [41874/24]
View answer290. Deputy Chris Andrews asked the Minister for Rural and Community Development to outline the appeals process for dog owners for appeals where the dog has been incorrectly classified as an XL Bully. [41875/24]
View answer291. Deputy Chris Andrews asked the Minister for Rural and Community Development to outline the appeals process for dog owners for appeals where the original owner has to surrender the dog to a new owner/rescue group. [41876/24]
View answerI propose to take Questions Nos. 289 to 291, inclusive, together.
The Control of Dogs (XL Bully) Regulations 2024 (S.I. No. 491/2024) that banned XL Bully type dogs came into force in two stages beginning on the 1st October 2024, with a full ownership ban coming into force on the 1st February 2025.
The ban is being brought in over two stages to give XL Bully type dog owners who wish to keep their XL Bully type dog the time to obtain a 'Certificate of Exemption'. There will be a four month period between the 1st October 2024 and before 1st February 2025, where these owners will be able to apply for a 'Certificate of Exemption'.
All XL Bully type dog owners will be required to licence, microchip and neuter their dogs. Further information on the XL Bully type dog ban, including the criteria to qualify and the documentation to be included with their application for a 'Certificate of Exemption' is available on gov.ie/xlbully.
Owners should use the Physical Conformation Standard to determine if their dog is an XL Bully type dog. It is the owner’s responsibility to determine if their dog is covered by the ban. If owners think their dog could be an XL Bully type dog, they should comply with all new requirements. This includes puppies that have the potential to become an XL Bully type dog.
More information on the definition of an XL Bully type dog is in the Technical Frequently Asked Questions document available on gov.ie/xlbully.
If an application for a Certificate of Exemption is refused for any reason, the owner will be notified in writing by their Local Authority. Such owners may re-apply if they are subsequently able to address the reason why the application was refused, for example if documentation was missing from the original application.
If further applications are refused, and a new certificate of exemption has not been applied for, or is not in place before February 1st 2025, owners may be required to surrender their dog to the Local Authority Dog Warden.
Under the Control of Dogs Acts, dog wardens have the power to seize any dog and detain it in order to ascertain whether an offence under the Act is being or has been committed and may enter any premises (other than a dwelling) for the purposes of such seizure and detention.
Under the existing provisions of the Control of Dogs of Act, a dog warden can make a complaint to the District Court that a dog is dangerous and not kept under proper control. Where the District Court determines the dog is dangerous and not kept under proper control, the Court may, in addition to any other penalty which it may impose, order that the dog be kept under proper control or be destroyed. In such cases, the owner can appeal a decision of the District Court.
No mechanism exists in the Control of Dogs Acts to compel a dog owner to surrender their dog to a new owner or to a rescue group. No appeals process arises in the case of a voluntary act by a dog owner.
